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Continental Homes of Texas, LP v. Scofield Villas Condominium Community, Inc.

Citation: Not availableDocket: 03-15-00745-CV

Court: Court of Appeals of Texas; December 16, 2015; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Continental Homes of Texas, LP has filed a motion to voluntarily dismiss its appeal in case number 03-15-00745-CV, currently before the Third Court of Appeals in Austin, Texas. The appellant, represented by attorneys Ryan Dawson and Justin Hodge, invokes Texas Rule of Appellate Procedure 42.1(a)(1) for the dismissal, indicating a desire to cease pursuing the accelerated appeal. The motion is unopposed by the appellee, Scofield Villas Condominium Community, Inc., as confirmed by a certificate of conference included with the motion. The document also contains a certificate of service, confirming that all relevant parties have been notified of the motion via email on December 17, 2015. The appellant respectfully requests that the Court grant this motion for voluntary dismissal.

Legal Issues Addressed

Certificate of Service Requirement

Application: The appellant complies with procedural requirements by serving all relevant parties with notice of the motion via email.

Reasoning: The document also contains a certificate of service, confirming that all relevant parties have been notified of the motion via email on December 17, 2015.

Unopposed Motion for Dismissal

Application: The motion for dismissal is not opposed by the appellee, Scofield Villas Condominium Community, Inc.

Reasoning: The motion is unopposed by the appellee, Scofield Villas Condominium Community, Inc., as confirmed by a certificate of conference included with the motion.

Voluntary Dismissal of Appeal under Texas Rule of Appellate Procedure 42.1(a)(1)

Application: The appellant, Continental Homes of Texas, LP, utilizes the rule to request a voluntary dismissal of its appeal.

Reasoning: Continental Homes of Texas, LP has filed a motion to voluntarily dismiss its appeal in case number 03-15-00745-CV, currently before the Third Court of Appeals in Austin, Texas.